Disposition is an element of a legal norm that contains a permit, prescription or prohibition for a subject to whom a legal norm is addressed. Consequently, it contains the rule of conduct to which participants in legal relations regulated by this norm should follow [1] . Other elements of the law: hypothesis and sanction .
Content
Classification of dispositions
By the nature of the regulatory impact, that is, by the value of the deontic modality of the prescriptive utterance contained in the disposition, they are divided into the authoritative (permitting, permitting), binding (prescriptive), prohibiting. In various legal systems and non-legal regulatory systems there are more complex deontic models of dispositions. For example, in Islamic law there are seven types of prescriptions and prohibitions (along with just allowed acts), which are grouped in five steps from obligatory to forbiddenness: strictly obligatory acts, evading punishment, recommended acts (three kinds), neutral acts, deprecated deeds (of two kinds), strictly prohibited actions entailing punishment.
The role of dispositions in different types of legal regulations
In protective norms, dispositions are descriptions of prohibited acts that encroach on protected social relations.
Notes
See also
- Rule of law
Literature
- Basics of state and law. / Ed. O. E. Kutafina . - M .: "Lawyer", 2000